Perth and Kinross Council Development Management Committee 24 April 2013 Report of Handling by Development Quality Manager Alterations,Carpenter House, Carpenter Street, Perth, PH1 5GB Ref. No: 13/00303/FLL Ward No: 12 Perth City Centre 4(4)(iv) 13/184 Summary This report recommends approval of a detailed planning application for alterations to Carpenter House, Carpenter Street, Perth, on the grounds that the proposal is consistent with the Development Plan and that the proposal will have no adverse impact on the character or appearance of the Perth Central Conservation Area. BACKGROUND AND DESCRIPTION 1 Carpenter House is an unlisted building within the Perth Central Conservation Area. It is currently used as the Council s main IT hub. 2 This application seeks to obtain planning permission for alterations to the building including the removal of existing windows, doors, external fire escape ladder, main roof, rooflights and their replacement to conform with current building regulations. The proposed works are being undertaken as part of a programme of rationalisation and up-grading of the Council s city centre offices.. NATIONAL POLICY AND GUIDANCE 3 The Scottish Government expresses its planning policies through The National Planning Framework 1 & 2, the Scottish Planning Policy (SPP), Planning Advice Notes (PAN), Designing Places, Designing Streets, and a series of Circulars. Of particular relevance to this planning application are:- Scottish Planning Policy 2010 4 This SPP is a statement of Scottish Government policy on land use planning and contains: the Scottish Government s view of the purpose of planning, the core principles for the operation of the system and the objectives for key parts of the system, statutory guidance on sustainable development and planning under Section 3E of the Planning etc. (Scotland) Act 2006, concise subject planning policies, including the implications for development planning and development management, and the Scottish Government s expectations of the intended outcomes of the planning system. 247
5 Of particular relevance to this planning application are:- Paragraph 115: Conservation Areas. Paragraphs 113-114: Listed Buildings Scottish Historic Environmental Policy December 2011 (SHEP) 6 This document sets out Scottish Ministers policies for the historic environment, provides greater policy direction for Historic Scotland and provides a framework that informs the day-to-day work of a range of organisations that have a role and interest in managing the historic environment. Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 7 Section 59 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 requires the Council to have special regard to the desirability of preserving a listed building or its setting or any features of special architectural historic interest which it possesses. 8 Section 64 of the above act requires the Council to pay special attention to the desirability of preserving or enhancing the character or appearance of the Conservation Area when exercising its planning functions. DEVELOPMENT PLAN 9 The Development Plan for the area comprises the approved Tay Plan 2012 and the adopted Perth Central Area Local Plan 1997. Tay Plan 2012 10 The principal relevant policy is in summary: Policy 3 11 This policy seeks (amongst other things) to protect our cultural heritage from inappropriate developments. Perth Central Area Local Plan 1997 12 Within the Local Plan, the site lies within an area designated for secondary business and commercial uses where policies 41-42 apply. These policies generally support applications for business, commercial, retail and other development providing that residential amenity is not adversely affected and that existing residential use is retained or incorporated into new development. PERTH AND KINROSS COUNCIL LOCAL DEVELOPMENT PLAN - PROPOSED PLAN JANUARY 2012 13 On 30 January 2012 the Proposed Plan was published. The adopted Local Plan will eventually be replaced by the Proposed Local Development Plan 248
(LDP). The Council s Development Plan Scheme sets out the timescale and stages leading up to adoption. It has recently undergone a period of representation; the Proposed Local Development Plan may be modified and will be subject to examination prior to adoption. This means that it is not expected that the Council will be in a position to adopt the Local Development Plan before December 2014. It is therefore a material consideration in the determination of this application, reflecting a more up to date view of the Council. 14 Under the LDP the site is identified as being in an area of City Centre Commercial Uses where a mix of uses is encouraged including retail, residential, offices, restaurants, pubs and club. The site is also within the Perth Central Conservation Area and close to a number of listed buildings: 15 The following policies apply: Policy PM1: Placemaking 16 Development must contribute positively, to the quality of the surrounding built and natural environment. All development should be planned and designed with reference to climate change, mitigation and adaptation. The design and siting of development should respect the character and amenity of the place. Policy HE2: Listed Buildings 17 States that there will be a presumption in favour of the retention of listed buildings, and the protection of their settings. Policy HE3: Conservation Areas 18 The design, materials, scale and siting of new development within a conservation area should be appropriate to its appearance, character and setting. Policy RC2: Perth City Centre Secondary Uses Area 19 The Council will encourage a mix of appropriate uses including shops, residential, offices, restaurants, pubs and clubs. Proposed uses must not adversely affect the amenity of existing surrounding property. OTHER COUNCIL POLICIES 20 Perth Central Conservation Area Appraisal, 2008. SITE HISTORY 21 There is no recent planning history for this site. CONSULTATIONS 22 Scottish Water no objection. 249
REPRESENTATIONS 23 None received. ADDITIONAL STATEMENTS 24 Environmental Statement Not required Screening Opinion Not required Environmental Impact Assessment Not required Appropriate Assessment Not required Design Statement or Design and Access Statement Not required Report on Impact or Potential Impact. Not required APPRAISAL Policy 25 Sections 25 and 37(2) of the Town & Country Planning (Scotland) Act 1997 (as amended) requires the determination of the proposal to be made in accordance with the provisions of the Development Plan, unless material considerations indicate otherwise. For reasons outlined below, I consider the proposal to be in accordance with the Development Plan and with national guidance and policy. Impact on the Character of the Conservation Area 26 In addition to the relevant Development Plan policies and National Guidance, in considering whether or not to grant planning permission for a development the Council also has a statutory duty in relation to Conservation Areas and Listed Buildings. Whilst the building is not listed, important groups of Georgian listed buildings (in Categories A and B) surround the north and east sides of the site. 27 Originally a church, the building has been heavily altered over time but retains vestiges of its original character in its lancet windows and stonework. The majority of the windows were altered and replaced during the mid-20 th century with crittal-type metal windows which are of some architectural and historic interest but have notoriously poor energy performance. 28 The proposals in general upgrade the material finishes and performance of the building whilst maintaining its character. The existing corrugated asbestos sheet roof is replaced with a modern metal sheet system in a recessive grey colour. The proposed windows emulate the character of the existing windows - the same product has recently been approved for replacement of crittal windows in an unlisted 1930s building in George Inn Lane (12/01164/FLL). The proposed new doors, entrance canopy and ridge-line rooflights are simple in design and are considered sympathetic to the character of the building and the conservation area. Painted metal rainwater goods, original timber lancet windows and slated roof areas are retained and repaired. 29 I would consider the proposals preserve the character and appearance of the Conservation Area and the settings of the adjacent listed buildings. 250
Residential Amenity 30 The existing use as an office is not changing. The proposal will have no adverse impact on the existing residential amenity enjoyed by neighbouring properties. Road and Pedestrian Safety 31 The proposal will have no adverse impact on either road or pedestrian safety. PLANNING AUTHORITY WITH AN INTEREST IN THE LAND 32 The Town and Country Planning (Notification of Applications) (Scotland) Direction 2009 advises on the procedure for notification of planning applications to the Scottish Ministers for developments in which planning authorities have an interest in. The Direction states that notification to the Ministers is only required where the proposal involves a significant departure from the authority s own Development Plan. As the recommendation of approval is not a significant departure from the Development Plan, a notification to the Ministers is not required. LEGAL AGREEMENTS REQUIRED 33 No legal agreement is required for this proposal. DIRECTION BY SCOTTISH MINISTERS 34 Under the Town and Country Planning (Development Management Procedure) (Scotland)Regulations 2008, regulations 30 32 there have been no directions by the Scottish Government in respect of an Environmental Impact Assessment screening opinion, call in or notification relating to this application. CONCLUSION AND REASONS FOR RECOMMENDATION 35 Section 25 of the Act requires that determination of the proposal should be made in accordance with the provisions of the Development Plan unless material considerations indicate otherwise. 36 The proposals are considered to preserve the character of the building, the character and appearance of the surrounding Conservation Area and the settings of the nearby listed buildings. The proposals are considered to be consistent with the relevant Development Plan polices and National Guidance and I would recommend that the application be approved. A recommendation of approval is also considered to be consistent with the Council s statutory duty under the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997. 251
RECOMMENDATION A Approve subject to the following condition: The proposed development must be carried out in accordance with the approved plans, unless otherwise provided for by conditions imposed on the planning consent. Reason: To ensure that the development is carried out in accordance with the plans approved. B JUSTIFICATION The proposal is considered to comply with the Development Plan and there are no material reasons which justify refusing the planning application. C PROCEDURAL NOTES None. D INFORMATIVES 1 This planning permission will last only for three years from the date of this decision notice, unless the development has been started within that period. (See Section 58(1) of the Town and Country Planning (Scotland) Act 1997 (as amended). 2 Under Section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the Planning Authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under section 123(1) of that Act, which may result in enforcement action being taken. 3 As soon as practicable after the development is complete, the person who completes the development is obliged by Section 27B of the Town and Country Planning (Scotland) Act 1997 (as amended) to give the Planning Authority written notice of that position. 4 An application for Building Warrant may be required. Background Papers: None Contact Officer: Persephone Beer Ext 75354 Date: 4 April 2013 Nick Brian Development Quality Manager 252
Perth & Kinross Council 13/00303/FLL Carpenter House, Carpenter Street, Perth Alterations This map is for reference only and must not be reproduced or used for any other purpose Scale 1:1250 Reproduced by permission of Ordnance Survey on behalf of HMSO. Crown copyright and database right (2013). All rights reserved. Ordnance Survey Licence number 100016971 253
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